3 Reduction in rent
7.43 Section 33 entitles the tenant to a reduction in rent where part of the holding is repossessed either by virtue of s 31, or under a power contained in the tenancy. Where the reversion has merely been severed the need for provisions to enforce a reduction does not arise.
The tenant is entitled under s 33 to a reduction proportionate to that part of the holding which has been repossessed, and ‘in respect of any depreciation of the value to him of the residue of the holding caused by the severance or by the use to be made of the part severed.’108 If the land is repossessed pursuant to a power in the contract of tenancy, any relief or benefit allowed to the tenant under the tenancy in respect of the land, possession of which is resumed by the landlord, must be taken into account.109 The reduction is determinable by arbitration in default of agreement.
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